The question of limitation may be one of fact or of law,

In this regard reliance is placed on Hakim Muhammad Buta and another v. Habib Ahmad and others (PLD 1985 Supreme Court 153) wherein it has been held:

‘The question of limitation may be one of fact or of law, if former the Court is not bound to go into it unless raised by the parties, and if latter the Court is as a general rule bound to raise an decide it, although not raised by the parties.’

Part of Judgment